Lord Maginnis of Drumglass: My Lords, I have to admit that when I first looked at these Bills, I did not find myself being particularly enthusiastic. I thank our Front-Bench spokesmen and the new Secretary of State for at least endeavouring to meet to discuss the problems that I encounter. First and foremost, I agree with the noble Lord, Lord Browne, in hoping that the Assembly will be back in place.
It has become very clear that Taoiseach Varadkar has actually encouraged Sinn Féin not to complete the talks, conditional on what happens in terms of Brexit. I supplied evidence of that to the Front-Bench Northern Ireland Office spokesman. For us then to find that the case is argued on the basis that one day everything in the garden will be rosy is a bit ridiculous and does not help us to sort out some of the problems.
Another area where I have to be blunt—some noble Lords have touched on this already—concerns civil servants in the Northern Ireland Office who have advised consecutive Secretaries of State. Many of these civil servants are not qualified to do that job. They quite literally do not know what they are talking about. To think that the head of the Civil Service permitted and encouraged no minute-taking, as was mentioned by the noble Lord, Lord Empey, is the height of ridiculousness. Other people who have been employed are not qualified to deal with RHI. Some of them have literally no qualifications whatever. One has been described as not knowing his right hand from his left. I will not name Mr Hughes. Oh dear, I have. Anyhow, the reality is that the RHI scheme has been flawed from the outset. There is a similar scheme in Great Britain where the returns on lower consumption are about 150% of what they are in Northern Ireland. The returns on higher consumption are almost three times less in Northern Ireland than they are in Great Britain. Again, I have furnished the Minister with those figures. He has them in front of him. However we move forward, I want to see those matters addressed. The DfE originally projected a £490 million overspend on RHI over 20 years. Then that figure jumped to £700 million, but there has been no sign of the calculations that brought those figures about. An independent economist from Scotland has said that the overspend will be £100 million, and that figure has been supplied with evidence. How can the Government move us forward against all the hindrances that we face in Northern Ireland?
I digress for a moment. I hear more people claiming to be experts on border control in terms of the forthcoming Brexit negotiations than I believe know where Northern Ireland is. The reality is that it is frightening.
I come back to RHI. The amended tasks were set solely to bring the scheme back within budget with no regard to the tariffs required to pay debt and running costs. No business impact assessment was carried out before the 2017 regulations were passed. Nevertheless, we are about to run into the irreparable damage of taking that scheme and turning it into primary legislation. I have been reassured that, when the Assembly gets up and going, that can all be reversed—but when? In a year, two years, three years, four years? How are our farmers, who have borrowed money, expected to keep going if we have this open-ended threat to their livelihoods?
The whole basis on which Northern Ireland is being governed now is probably as good as we can get. I was encouraged to hear what the Secretary of State said this morning. But while we have so many new-found experts on Northern Ireland and on border controls, those who brought about the Belfast agreement—even those who disapproved of it initially but who made it work, and work well while it worked—and are now sitting in this House are seldom consulted. I hope that, with the new Secretary of State, that is going to change. Consider this: if we are to have direct rule in all but name, there are people here—I will not name them all—such as the noble Lords, Lord Bew, Lord Alderdice and Lord Kilclooney, and many others—who know exactly what is happening, who have loyalty to Northern Ireland and to the efficient running of Northern Ireland and who will, at no cost, be able to reinforce a direct rule, whether we call it that or not.
There are other aspects in relation to which I find a degree of almost-hypocrisy. One relates to elections in Northern Ireland, a matter which I have raised again and again through Questions in this House and on which I have not had a satisfactory answer. It astonishes me to hear Ministers lamenting that we do not have nationalists in Parliament. We did have Mark Durkan, Margaret Ritchie and Alasdair McDonnell, but they lost their seats because of cheating by Sinn Féin. I have never said that publicly before; I have hinted at it. That the number of proxy votes in Durkan’s constituency increased by 800% between 2010 and 2017 is almost unbelievable. When I asked what was being done, what did the chief electoral officer do? She said that we would eventually get a report. We all know that when the election took place in 2017, we got a one-and-a-half page report to the Secretary of State that was placed in the Library. It tells us absolutely nothing: it does not indicate how many times the PSNI has been asked to investigate this illegal voting. Are we afraid? Have successive Governments been afraid to face up to the reality that Sinn Féin abused the system, and did so to the extent that it does not matter whether you are a unionist or a nationalist? I worked in local government for many years, and I worked in peace and harmony with my nationalist colleagues. But Sinn Féin does not approve of that.
I will leave those thoughts with noble Lords today, specifically on RHI and the abuse of our 1,100 or so farmers, who are being impoverished because we have a scheme that is less efficient and has lower returns than the scheme throughout the rest of the United Kingdom.
In conclusion, I return to what I started with—the abuse of the border issue by Taoiseach Varadkar and by those here who try to tell us things that we know. I was born 80 years ago and grew up within a mile of the border. I know the border. It was no major problem until the IRA started shooting and importing arms and so on, and we can get that back. As I said before, there are good negotiators here who could sort that out if somebody had the courage and the common sense to come to speak to us about how matters could be addressed.

Lord Bourne of Aberystwyth: My Lords, I thank the noble Lord, Lord Kennedy, and the noble Baroness, Lady Pinnock, for their contributions. I will try to deal with the issues that they raise. Both of them used the word “tragic” and I absolutely agree that this is a tragic situation that has arisen in Northamptonshire. I remind them both, particularly the noble Baroness, that it is clear from the Caller report and other investigations that this is not a failure because of finance; it is a failure because of governance. It is clear in the report that that is the case.
In response to questions from the noble Lord, I say that the timetable for the district councils and county councils to respond in relation to the appointment of the commissioner is 10 April. It will then be for the Secretary of State to consider any representations or points made. The Secretary of State would anticipate responding by the end of April and then, if appropriate, appointing commissioners to take on the role, which is clearly the direction that Max Caller and Julie Parker, in their excellent report, would anticipate.
On the timescale for the restructuring, I remind both the noble Lord and the noble Baroness that Max Caller says that restructuring is necessary. It is a recommendation of the report. This is not the Government’s view: it is a recommendation to the Government. We ask the relevant seven district councils and the county council to respond by the end of July. We are open-minded on the different options. It is important that we look at what the councils say, bearing in mind the considerations that apply to any restructuring, as my right honourable friend set out: the proposals should,
“improve local government; be based on a credible geography; and command a good deal of local support”.
My right honourable friend went on to say that the councils should state how they,
“have consulted with their communities”.
That is all absolutely right.
I echo what the noble Baroness said about the people working for Northamptonshire, who have clearly worked incredibly hard to deliver services and continue to do so, and what she said about many councillors finding themselves excluded from decision-making, questioning decisions or having the ability to critique,  which is not how the local government service should operate and not how the vast majority of local government behaves.
The noble Baroness referred to financial pressures. Quite separately from this, we recognise that there are challenges, but I am keen to keep impressing the basic principle that this is not a failure because of finance. There is no unique feature of Northamptonshire—that it has been discriminated against or has not had the necessary finance. This is a failure of governance, as the Caller report readily recognises. In saying that, I acknowledge that we are looking at fair funding by 2021. That is an important principle and we will be considering the fair funding formula, but that is separate from this issue. Otherwise, I accept the points made by the noble Lord and the noble Baroness.